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PubMed1989

AIDS and insurance.

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AIDS Serodiagnosis↗
PubMed1989

[Evaluation of suicide in legal accident insurance and private insurance].

The thesis, that suicides are chiefly understood to be terminal stage developments and indemnified through compliance with prerequisites of the insurance law norm, is critically explained with regard to the scientific-theoretical evolution. Recent interdisciplinary investigations (epidemiology, statistics, sociology, psychology, psychiatry) as well as the changing approach of a large section of the population towards suicidal behaviour (self-determination and the responsibility of the individual, human dignity, breaking away from handed down moral judgements) show that the estimation held with cogency in many quarters with respect to suicide as being a reliable symptom of a disease, cannot be maintained. This result is further supported by the record number of individuals, within the sphere of the private insurance, finding themselves in financial and political "marginal situations" (class and social problems, material safeguard for families and the like) and committing suicide after reasonably pondering their dilemma; a condition which in many aspects comes close to "balance suicide". From an insurance medical angle the relevant statutory provisions and the supreme court jurisdiction of the last years are put forward to the medical experts with the requirements derived hereunder.

Expert Testimony↗
PubMed1989

[Is the suicidal person in the act of suicide in control? Forensic insurance considerations of a new explanatory medical model].

On the basis of extensive psychiatric research into suicide in the Province of Salzburg five stages of suicidal development are initially described: 1) consideration; 2) ambivalence; 3) decision; 4) intention; 5) completion of the action. Whereas in the first three stages both the ability to see reason and to control himself can be unaffected, in the act of self-destruction (stage 4 and 5) the suicide is in principle unable to control himself, whereby the ability to see reason may largely be maintained. This new medical model to explain suicide is discussed with regard to the law of insurance. An attempt is made to provide medical and legal aid for assessors and users of the law.

Austria↗
PubMed1989

[The responsibility for confidentiality--private insurance medicine information--data protection].

1. Professional discretion/insurance discretion and data privacy protection are dependent, they overlap and supplement. The insurance discretion has contractual foundations, which originate in the personal insurance's unique confidential relationship. Data privacy protection is conceptually based on the Federal Data Protection Law, signed on Jan. 27, 1977. Insurance discretion and data privacy protection are of the upmost universal personal rights protected under the constitution. 2. Violation of either the "doctor's duty of discretion" or the "personal insurance's duty of discretion" is punishable by law. 3. The regulations regarding the policy holder's violation of his duty to disclose substantial risks and their verification are supplemented by contractual stipulations calling for a release from the duty of professional discretion. 4. The data privacy protection clause, also a contractual stipulation, takes into account the "relativity of the personal domain" in view of the insurance companies' mass business and the particulars of the "community of risks". 5. Professional discretion/insurance discretion and data privacy protection have experienced a legally ensured and practical interpretation. However this does not exonerate the insurance medical doctors, especially in borderline cases, from reflecting with great care and according to standard legal principle on the observance of professional discretion.

Confidentiality↗